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States Chemicals Policy Reform: Moving Forward
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Transcript of States Chemicals Policy Reform: Moving Forward
States Chemicals Policy Reform: Moving Forward
Ken Zarker, Co-ChairNPPR P2 Policy and Integration Workgroup
Washington State Department of Ecology [email protected]
2007 National Environmental Partnership SummitNew Orleans, Louisiana
May 2007
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What does chemicals policy reform look like?
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First Step: A History of the Pollution Prevention Act of 1990
Under Section 6602(b) of the Pollution Prevention Act of 1990, Congress established a national policy that:
Pollution should be prevented or reduced at the source whenever feasible;
Pollution that cannot be prevented should be recycled in an environmentally safe manner whenever feasible;
Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible; and
Disposal or other releases into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner.
Pollution is waste, and waste leads to shortages tomorrow…
Dr. Joseph Ling
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Why use P2 planning?
• Identifies materials flows and supply chain linkages.
• Reviews production processes and product design – why and how chemicals are being used.
• Creates options for reducing problem chemicals
used either in production process or product design – maintaining desired function.
Source: Lowell Center for Sustainable Production, University of Massachusetts
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Why use P2 planning?
• Better understand the performance, health safety and environmental trade-offs involved.
• Establishes priorities, performance targets and measuring progress towards more sustainable process and product design.
• Produce environmental results.
Source: Lowell Center for Sustainable Production, University of Massachusetts
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So, how have things changed?
• Body Burden
• Children’s Health
• Toxics in Products
• Safer Alternatives
• Green Chemistry
• Green Engineering
• Chemicals Policy
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Why is our concern for kids increasing?
• High rates of developmentally related diseases– Children 6–17 years of age: learning disabilities (11.5%),
ADHD (8.8%), behavioral problems (6.3%) – Preschoolers: speech problems (5.8%), developmental
delay (3.2%)– One in 200 children with autism– 41% of parents had concerns about learning difficulties and
36% about depression or anxiety
• Costs in US estimated at $81.5 - 167 billion/yr• Estimate attributed to environment - $4.6 to 18.4 billion/yr
Ref: Blanchard et al. Pediatrics 2006;117;1202-1212 (National Survey of Children’s Health)Ref: Muir and Zegarac. EHP December 2001.Ref: Landrigan et al. EHP July 2002.
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The Chemical Big Picture
• 80,000 chemicals on Toxic Substances Control Act (TSCA) inventory– 60,000 prior to TSCA
• 1,500 new chemicals every year
• EPA established categories to streamline review of new chemicals– Persistent, bioaccumulative and toxic (PBT)
is one of 45 categories
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Today: Emerging Chemicals Policy Issues
• States banning toxic flame retardants
• Chemical by chemical approach
• European Union’s Registration, Authorisation and Evaluation of Chemicals (REACH)
• States Chemicals Policy Framework Development
• Green Chemistry Innovation & Economic Opportunity
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consi
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yNIKE GREEN CHEMISTRY
FILTER CHEMICALS
EVALUATE HAZARDS
PRIORITIZETHE LIST
INNOVATEPRODUCT &
PROCESS
EVALUATE EXPOSURE
Source: Nike, Inc., Used by Permission
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TRADITIONAL RUBBER ENVIRONMENTALLY PREFERRED RUBBER
Numberof “Red” Chemical
s:
5“Red”
Chemicals by
weight
12%
Numberof “Red” Chemical
s:1
“Red” Chemical
s by weight
1%REDUCED TOXICS96% BY WEIGHT
TO
XIC
S R
ED
UC
TIO
N –
EP
R
Source: Nike, Inc., Used by Permission
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A relatively small volume for the rubber industryBU
TA BIG (GREEN) STEP IN THE FOOTWEAR
INDUSTRY
By using EP Rubber
Nike eliminate
toxics3,000 metric tons
Source: Nike, Inc., Used by Permission
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What State efforts are underway?
• MA Toxics Use Reduction Institute / Lowell Center
• Maine Governor’s Executive Order and Task Force on Consumer Products
• UC Berkeley – Green Chemistry Report to CA Legislature
• Michigan Green Chemistry Executive Directive
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More State & Local Efforts
• New York Pollution Prevention & Green Chemistry Executive Order
• States Chemicals Policy (West Coast, NE States, Great Lakes)
• City of San Francisco
• Multnomah County, Oregon
• California Green Chemistry Initiative
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Case Study: Washington State’s PBT List
MetalsMetalsMethyl-mercuryMethyl-mercury
Combustion By-Combustion By-ProductsProducts
Polyaromatic Polyaromatic Hydrocarbons (PAHs)Hydrocarbons (PAHs)Chlorinated Dioxins & Chlorinated Dioxins & FuransFuransBrominated Dioxins & Brominated Dioxins & FuransFurans
Metals of ConcernMetals of ConcernCadmiumCadmiumLeadLead
Flame RetardantsFlame RetardantsPolybrominated Di-phenol Polybrominated Di-phenol ethers (PBDEs)ethers (PBDEs)Tetrabromobisphenol ATetrabromobisphenol AHexabromocyclododecanHexabromocyclododecaneePentachlorobenzenePentachlorobenzene
Organic ChemicalsOrganic Chemicals1,2,4,5-1,2,4,5-TetrachlorobenzeneTetrachlorobenzenePerfluorooctane Perfluorooctane Sulfonates (PFOS)Sulfonates (PFOS)HexachlorobenzeneHexachlorobenzeneHexachlorobutadieneHexachlorobutadieneShort-chain Chlorinated Short-chain Chlorinated ParraffinsParraffinsPolychlorinated Polychlorinated NaphthalenesNaphthalenes
Banned PesticidesBanned PesticidesAldrin/DieldrinAldrin/Dieldrin
ChlordaneChlordane
DDT/DDD/DDEDDT/DDD/DDE
Heptachlor EpoxideHeptachlor Epoxide
ToxapheneToxaphene
ChlordeconeChlordecone
EndrinEndrin
MirexMirex
Banned Flame RetardantsBanned Flame RetardantsHexabromobiphenylHexabromobiphenyl
Banned Organic ChemicalsBanned Organic ChemicalsPolychlorinated Biphenyls (PCBsPolychlorinated Biphenyls (PCBs)
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Case Study: Washington’s PBT List
• PBT characteristics – Toxicity for humans is defined as: – (i) The chemical (or chemical group) is a carcinogen, a
developmental or reproductive toxicant or a neurotoxicant;
– (ii) The chemical (or chemical group) has a reference dose or equivalent toxicity measure that is less than 0.003 mg/kg/day
• Uses of the chemical in Washington• Releases of the chemical in Washington• Levels of the chemical present in the Washington
environment • Levels of the chemical present in Washington
residents
Relative ranking criteria
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Case Study: Washington State’s Chemical Action Plans
• Completed: – Mercury (2003)– Polybrominated diphenyl ethers (PBDEs) (2006)
• Proposed:– Lead - 2007– Polyaromatic Hydrocarbons (PAHs) - 2008– Perfluorooctane Sulfonates (PFOS) - 2009
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Case Study: What is in a Chemical Action Plan?
• Collaboratively developed with Dept. of Health
• Identifies, characterizes and evaluates uses and releases of a specific PBT
• Recommends actions to protect human health or the environment
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What information is in a CAP?
• Production and Washington-specific uses/releases• Human health and environmental impacts• Evaluation of current management approaches • Identification of policy options
– Reducing use, phase out, managing wastes, minimizing exposures, safer substitutes
– Consistent with existing state and federal law– Consider economic and social impacts
• Implementation actions• Performance measures/milestones
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What are the Measurable Results?
Source: WA Mercury Chemical Action Plan
Between 2001 and 2006 there is approximately 2,300 pounds per year of mercury no longer being released into the environment
Use of Products Containing
Mercury
Disposal of Products
Containing Mercury
Mining & Manufacturing
Fossil Fuel Combustion
Reduced Hg from Products
Reduced Hg from Fossil Fuel Combustion
Reduced Disposal of Products
Containing Hg
Reduced Hg from Mining &
Manufacturing
2006
Estimated 3,700 lbs/yr released into the environment in WA
2001
Estimated 6,000 lbs/yr released into the environment in WA
Mercury CAPMercury CAP
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Where can we improve?
• Avoid working backwards – Detection exposure health concern
regulation alternative
• Green chemistry up front• Understanding sources and pathways
• Consumer education
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What about the Lowell Center
Alternatives Assessment Framework?
• Creating an open source framework for the relatively quick assessment of safer and more socially just alternatives.
• “Open source” means the collaborative development, sharing, and growth of methods, tools, and databases that facilitate decision making.
• “Relatively quick assessment” means that the process results in robust decisions informed by the best available science, while avoiding paralysis by analysis.
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Lowell Center
Alternatives
Assessment
Framework
Source: Lowell Center for Sustainable Production, University of Massachusetts
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Chemicals Policy: A Three-Pronged Approach
•Close Data Gaps: Require companies to review & conduct alternatives assessment with the chemicals they use;
•Close Safety Gap: Substitute safer chemicals in products and manufacturing; and,
•Close Technology Gap: Invest in research and assistance for businesses to switch to the safest chemicals.
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Classify Chemicals for Action
• Classify chemicals in tiers based on hazard of chemical/breakdown products.
• Move beyond PBTs—Carcinogens, Mutagens, Reproductive Toxics, Developmental, ED, vPvB, other toxics of equivalent concern.
• Propel shifts to use of safest chemicals via combination of regulation, incentives, technical assistance.
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Preferredfully tested / very low or no hazards
Chemical Action Pyramid
Actions
Phase Out
Reduce Use / Substitute
Give Preference
HighlyHazardous
PBT, others
Moderately Hazardous
Use /Continue Improvement
Source: Washington Toxics Coalition, March 2007
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Substitution Requirements/Assistance
• Requirements for substitution planning— products and industrial processes
• Provide Technical Assistance (TURI model)
• Toxic Chemical Fees as Incentives• Companies will be more competitive
in world market
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Data
• Further prioritize chemicals through data collection on use, exposure
• Require manufactures to disclose the chemicals used in products and practices (e.g. cosmetics, consumer products, etc..)
• Establish a multi-state clearinghouse to gather data on chemical use in products (e.g. mercury).
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Green Chemistry• Green chemistry is critical to solution.• Establish and fund green chemistry
programs in institutions and in agencies.• Provide technical assistance to businesses
wanting to improve their practices and products
• Provide preference for cleanest, safest chemicals
• Tax incentives for using safest chemicals, innovative design changes
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Congress: Green Chemistry Research and Development Act of 2005
H.R. 1215 / S. 1270
• Among other things, provides grants to institutions to revise undergraduate curriculum in chemistry and chemical engineering
• Includes Green Supplier Network Grants
• Partnerships
Pollution Prevention at the molecular level
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Companies Moving Forward
• Kaiser Permanente: reducing reliance on carcinogens and reproductive toxicants
• Herman Miller: new product design process; zero hazardous waste/emissions by 2020
• Dell: phased out PBDEs, created Chemical Use Policy
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Moving ahead in the States
• Legislation & Policy– MA Toxic Use Reduction Act (Revised)– WA PBDE Ban– CA Green Chemistry Initiative
• Executive Orders– Maine Governor’s Task Force on Consumer
Products– MI Green Chemistry– NY Pollution Prevention and Green Chemistry
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Moving ahead in the States
• State Agency Green Procurement • NE States, Great Lakes & West Coast States
Chemicals Policy Development
• Business Technical Assistance– Facility and Chemicals Planning– REACH Workshops– Safer Chemical Alternatives Assessment– NPPR States Collaborative
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Western States Chemicals Policy Meeting
The objective of the first meeting West Coast States Chemicals Policy Meeting
was to share information and discuss opportunities to collaborate on chemicals policy, legislative initiatives, green chemistry, and PBT reduction
efforts.
California, Oregon and Washington State
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“Thanks for making Chemicals Policy happen”
Alexander and Ethan
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Contact Information
Ken Zarker, P2 Section ManagerHazardous Waste and Toxics ReductionWashington State Department of EcologyP.O. Box 47600Olympia, Washington 98501-7600
Ph: 360-407-6724 Em: [email protected]